beta
Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. As to the facts charged of mistake of facts in the facts charged in this case, the defendant did not pluck up or injure the injured party B's plick damage by hand, and the court below found the defendant guilty of this part of the facts charged by believing the false testimony of the witness B in the court below.
B. The lower court’s sentencing (fine 1,000,000) is too unreasonable.
2. Determination
A. According to the evidence duly adopted and examined by the court below, the judgment of the court below 1 on the assertion of mistake of facts is that some of the witness of the court below formed a punishment which is not based on the residents' inside, and it is recognized that some of the witness of the court below actively made a false or passive statement on this part of the facts charged.
Therefore, even though there is considerable confusion in whom the words of the defendant can be trusted, if the defendant forms a bridge of some of the witness's statements of the court below that can guarantee the credibility as much as possible through some circumstances and the flow of reasonable accidents, at least, the defendant started physical violence first by taking the head debt of the victim G, and the defendant gets the head debt of the defendant by setting up against the victim B, and the defendant also can be acknowledged as opposing the facts that the defendant set up against the victim B.
The Defendant’s statement by the witness B of the lower court that the Defendant sustained an injury by plucking, plucking, or plucking the right hand in the process of fighting with the Defendant is sufficiently believed by other evidence as seen below, and the Defendant asserted that the Defendant did not exercise all violence against the victim B, but the Defendant was against G. In light of the circumstances surrounding the dispute between the victim B and the victim, it is difficult to easily believe that the Defendant only did not stand against the victim in the situation of exercising violence in light of the circumstances surrounding the dispute with the victim B.